| |
| |
| |
 |
What action can be taken where a landlord’s agent or other person is physically assaulted by a tenant or an occupant of a tenanted property?
| |
|
The Residential Tenancies Act 2010 provides remedies where tenants or their occupants have become violent. It is important to be aware of the avenues available to your landlord to immediately terminate a tenancy in such circumstances.
| |
|
|
|
|
Can a tenant vacate without penalty at any time after a landlord has served them with an end of fixed term termination notice?
| |
|
One of the more significant changes under the Residential Tenancies Act 2010 enables a tenant to vacate premises after a landlord commences the eviction process by serving a termination notice.
| |
|
|
|
|
When is a landlord or their agent able to make an application to the CTTT after serving a tenant with a termination notice for non-payment of rent?
| |
|
Under the Residential Tenancies Act 2010, a landlord may apply to the Tribunal for a termination order before the termination date specified in a non-payment termination notice. The Tribunal must not, however, consider any such application until after the termination date.
| |
|
|
|
|
What rights does a landlord have under the Residential Tenancies Act 2010 where a tenant is being difficult regarding access for prospective purchasers to inspect the premises?
| |
|
Fortunately for landlords, the Residential Tenancies Act 2010 provides more clarity on how and when a landlord can access premises in these circumstances.
| |
|
|
|
|
What happens when a tenant dies?
 | |
|
Under Residential Tenancies Act, s 3, a tenant is defined as the person who has the right to occupy residential premises under a Residential Tenancy Agreement. This includes the tenant’s heirs, executors, administrators and assigns. Read more ...
| |
|
|
|
|
What obligation does a selling agent have to submit offers to a principal after the acceptance of a holding deposit from a prospective purchaser?
| |
|
The Property, Stock and Business Agents Regulations state that an agent must inform the Principal of all offers up until exchange of contracts has taken place, unless the Principal has instructed to the contrary in writing. Read more ...
| |
|
|
|
|
Who is responsible for pest control during the tenancy?
| |
|
Under the terms of the Residential Tenancy Agreement, the tenant has an obligation to promptly notify the landlord of any infectious disease or the presence of rats, cockroaches, fleas or other pests. Read more ...
| |
|
|
|
|
When filling out an Agency Agreement, which licence number is required?
| |
|
Clause 3 of Schedule 7 of the Property, Stock and Business Agents Regulation requires that an Agency Agreement must contain the Licensee’s licence number. Read more ...
| |
|
|
|
|
What does the term ‘break fee’ mean in the Residential Tenancies Act 2010?
| |
|
Under the Residential Tenancies Act 2010 parties can agree in advance that the tenant will pay an agreed fee if the tenant is forced to leave the premises before the end of the fixed term. Read more ...
| |
|
|
|
|
How do I recover water usage charges from tenants?
| |
|
Section 39 of the Act provides that a tenant must pay the water usage charges for the residential premises, but only if the premises are separately metered or the premises are not connected to a water supply service, but, water is delivered to the premises by vehicle, and the premises contain water efficiency measures prescribed by the regulations for the purposes of this section, and the charges do not exceed the amount payable by the landlord for water used by the tenant. Read more ...
| |
|
|
|
|
Is it necessary for a licensed plumber to carry out plumbing repairs to a property?
| |
|
Some property managers use the services of a handyman to attend to property maintenance, our members are reminded that it is illegal for anyone to carry out any plumbing, draining or gas-fitting repairs to a property unless they hold a current licence. Read more ...
| |
|
|
|
|
Giving notice to the Owners Corporation about leases and subleases
| |
|
Under Section 119, a lessor must give notice of a lease to the Owners Corporation within 14 days after the commencement of the lease. Read more ...
| |
|
|
|
|
What happens if I fail to renew my licence or certificate?
| |
|
When an individual holder of a licence or certificate fails to renew their licence or certificate, they would be prohibited from working until such time as the licence or certificate is renewed or restored.
| |
|
|
|
|
What is the maximum time a vendor can be signed up for under an Exclusive Selling Agency Agreement?
| |
|
Schedule 7 of the Property, Stock & Business Agents Regulation 2003 states that all Agency Agreements must contain a term indicating the period for which the agreement remains in force or indicating that the agreement remains in force until terminated.
| |
|
|
|
|
Under what circumstances can a residential tenancy be terminated following the sale of the premises?
| |
|
Where a landlord has entered into an unconditional contract for the sale of tenanted premises and the sale is not subject to any existing tenancy, a tenant may be given 30 days written notice to vacate the premises.
| |
|
|
|
|
What are a landlord and tenant’s obligations where a tenant breaks a residential tenancy agreement early and the additional break fee term has been deleted from the agreement?
| |
|
If the landlord and tenant agreed to delete the additional break fee term from the tenancy agreement prior to its execution, both the landlord and tenant still have certain obligations in the event that the tenant vacates the premises before the end of the fixed term agreement.
| |
|
|
|
|
What are an agent’s obligations when being directed to invest the deposit on a sale pending completion?
| |
|
Where an agent is required to invest a deposit on a sale pending completion, it is important to follow correct procedure to ensure compliance with the Property, Stock & Business Agents Act 2002.
| |
|
|
|